Advisory Opinion No. 2007-33

Advisory Opinion No. 2007-33

Re: Carmen Mirabal

QUESTION PRESENTED

The petitioner, a Program Coordinator for Rhode Island Housing, a state employee position, requests an advisory opinion regarding whether her continued state employment prevents her, under the Code of Ethics, from running for a position on the City Council of the City of Central Falls.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the petitioner, a Program Coordinator for Rhode Island Housing, a state employee position, from seeking any state or municipal elective office.

The petitioner is employed by Rhode Island Housing as the Program Coordinator for several of the agency’s programs that service the people of several Rhode Island municipalities, including the City of Central Falls.  She represents that in the next municipal elections she intends to seek election to the City Council of the City of Central Falls.  The petitioner asks whether the Code of Ethics prohibits her service on the City Council given her employment by Rhode Island Housing.

Under the Code of Ethics, a public official or employee may not participate in any matter in which she has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of her duties in the public interest.  See R.I. Gen. Laws § 36-14-5(a).  An official will have an interest in substantial conflict with her official duties if she has reason to believe or expect that a "direct monetary gain" or a "direct monetary loss" will accrue, by virtue of the public official's activity, to the official, a family member, a business associate, an employer, or any business which the public official represents.

The Code of Ethics does not bar state employees from seeking or accepting elective office, municipal or statewide.  Rather, the above-cited conflict of interest provisions require a matter by matter evaluation and determination as to whether substantial conflicts of interest exist with respect to carrying out an official's or employee's duty in the public interest.  The petitioner must determine, both as an employee of Rhode Island Housing and as a City Council member, whether she is participating in a matter that may impact herself, a family member, an employer or a business associate.  If so, then the petitioner will be required to recuse from such matter pursuant to R.I. Gen. Laws § 36-14-6.  If elected, the Commission encourages the petitioner to seek further guidance as to whether any particular matter creates a conflict of interest that requires such recusal. 

The petitioner is cautioned that the above provisions of the Code of Ethics do prohibit her from using any public time or resources to support her candidacy.  All campaign-related activity must be conducted on her own time and without the use of any Rhode Island Housing resources. 

Finally, the petitioner is advised that this opinion solely addresses the application of the Code of Ethics.  We note that this opinion does not address whether any other State statutes, rulings, regulations or policies, or any municipal charter provisions or ordinances, prohibit such simultaneous service.  Such matters are outside the jurisdiction of the Ethics Commission and, as a result, cannot be addressed in this advisory opinion.

Code Citations :

36-14-5(a)

36-14-5(d)

36-14-6

Related Advisory Opinions :

2006-50

2000-22

98-104

98-37

Keywords :

Candidate

Dual public roles